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Petitions to Central Government or
Director General against findings and sentences.
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119. Any person
subject to this Act who considers himself aggrieved by a finding or
sentence of any Coast Guard Court may present a petition to the
Central Government or to the Director-General, and the Central
Government or the Director-General, as the case may be, may pass such
orders thereon as it or he may think fit.
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Powers of Central
Government and Director-General in respect of findings and sentences.
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120.(1) Where any
person is tried under the provisions of this Act, the Central
Government or the Director-General may, in the case of a conviction,—
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(a) set aside the finding and sentence and acquit or
discharge the accused or order him to be re-tried; or
(b) alter the finding without modifying the sentence if
such sentence may be legally passed on the altered finding ; or
(c) with or without altering the finding, reduce the sentence or
commute the punishment awarded for any punishment inferior in scale;
or
(d) either with or without conditions, pardon the
person or remit the whole or any part of the punishment awarded; or
(e) with or without conditions release the person on parole:
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Provided that a sentence of imprisonment
shall not be commuted for a sentence of detention for a term exceeding
the term of imprisonment awarded:
Provided further that nothing in this sub-section shall authorise the
Central Government or the Director-General to enhance the sentence.
(2) Any sentence modified under the provisions of sub-section (1)
shall be carried into execution as if it had been originally passed.
(3) If any condition on which a person has been pardoned or has been
released on parole or a punishment has been remitted is in the opinion
of the authority which granted the pardon, release or remission not
fulfilled, such authority may cancel the pardon or release or
remission and thereupon the sentence awarded shall be carried into
effect as if such pardon, release or remission had not been granted:
Provided that in the case of a person sentenced to imprisonment or
detention, such person shall undergo only the unexpired portion of the
sentence
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